Just One More Thing To Worry About With Cryptocurrency. There are a number of ways in which a nonsignatory to an arbitration agreement can nevertheless find itself bound to arbitrate. Affirming the trial court, the Court of Appeal shoots down each of those ways in Pillar Project AG v. Payward Ventures, Inc., A160731 (1/5 […]
For Those Who Do Have A Dog In The Fight . . . I recently saw the following rule posted at the entrance to a dog park. It seemed like a constructive way to address dog and dog owner transgressions: Oil painting: a rabid dog; by J. T. Nettleship. Wellcome Collection.
Liberal Arbitration Policy Of The FAA Doesn't Mean Nonparties Can Be Compelled To Arbitrate. The question in Walsh v. Arizona Logistics, Inc. and Larry Browne, No. 20-15765 (9th Cir. 18/21/2021) (Hunsaker, Fletcher, Miller) is "whether a private arbitration agreement binds the Secretary of Labor when bringing a Fair Labor Standards Act (FLSA) enforcement action […]
Plaintiff/Appellant Did Not Need To Prove That Arbitrator's Ex Parte Communications Led To Adverse Award. A rather unusual case, this. Joanna G. Grabowski, an in pro per plaintiff/appellant successfully vacated an adverse arbitration award in a malpractice arbitration she brought against Kaiser. Joanna G. Grabowski v. Kaiser Foundation Health Plan, Inc., et al, No. […]
Oh, The Pain. The appellant in Brian Alper et al. v. Pasquale Rotella, et al., G058088 (4/3 5/5/21) (Moore, Bedsworth, Aronson), sought to vacate an adverse arbitration award on the grounds that the arbitrator, who was in great pain and took Percocet to ease the pain during the arbitration proceeding, was so impaired that […]